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dave angel
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Hi, sorry to hear about that. Ooops!!
Technically your son will be liable, however as he is uninsured the Motor Insurers Bureau (MIB) will pay for the damage to the other vehicles, providing they are insured and on the road legally. With regards to the taking of the vehicle, your son's friend is in a difficult position. If he says he gave permission for the use of the bike he has permitted no insurance and no driving licence, 2 offences under road traffic legislation and his insurance will not pay for damage to the bike. If he maintains that your son "stole" it he may get paid for damage to his own bike if the insurance covers it, otherwise he may have to claim off your son and your son will have taking and driving away on his record.
If your son has no criminal record and he makes full admission as to his involvement in the offences the Police may recommend a caution rather than go to court. A heartfelt plea from a parent/guardian along with a tearful son in tow, goes a long way to making the officer consider this. It would also be prudent to pay for the damage to all the vehicles involved and prove this to the officer in charge of the case. Police usually cannot proceed with a criminal investigation if no one has made a report to them. The victims in this must have made statements to Police as to damage to their vehicles. If the damage is paid for then they may retract these statements therefore reducing the level of blame on your errant son. Be careful as to how they are approached as any retraction must be voluntary and no level of pressure must be put on them either deliberately or perceived. There is less paperwork involved for Police when a caution is administered and the force will have a "clearance" for a crime. (everyones' a winner)
A caution does not mean that he is getting off with anything, rather it is a way for Police to "clear" a crime as Home Office statisticians require someone to be held responsible for an offence and be dealt with in order to say that Police have "solved" it. They do not care if the offender goes to court or not.
Really, he has to own up to his responsibilities and actions and show he will not repeat this. A good way of doing this is to get a part time job in order to pay for the damage if he hasn't one already.
Your son is a juvenile and will be treated in a different manor from an adult. Check how long a Police caution/conviction stays on his record. Depending on the offence it can be "spent" when he becomes an adult.
Furthermore, speak with citizens advice and remember that your first consultation with a solicitor should be free of charge.
I hope this will help you in some way and that you'll stick your toe in your son where the sun doesn't shine.
I am basing this on Northern Ireland legislation and Policing procedure, although I imagine there will not be a huge difference if you are on the mainland. |
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puffy
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You!
Good job he didnt kill anybody eh? |
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winballpizard
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Erm.... you are, as his parent(s), if you mean financially. Legally, the plod will arrest him. |
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fetid_billy
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Ask yourself this: If one of those cars was yours - and someone else's son had hit it - whose door would you be knocking on?......That's right.....the parents. It's that nasty parental responsibility thing.
Just make sure your son works off the debt.
I guess your son should count himself lucky no-one called the police. Taking without owners consent...no licence...no insurance...not reporting an accident...sounds like a whole load of trouble to me.
Do the right thing...pay for the damage...and make sure your sons doesn't get away with it. |
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MáirtÃn
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You will be liable for any financial damages, and your son will be liable for taking a vehicle without consent, and driving it on a public road without adequate third party insurance. |
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eject911
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i dont know by law, but whomever was operating it is definitely at fault, no question. if a minor, the parets are responsible. |
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Carl
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Are you seriously suggesting that if the law decided that your son's friend was liable, and that he had to pay for his broken bike (that your son took) and any damage to your son as a result, that you would be able to sleep at night? This is nuts.
What happened to honour? Your son had the accident, therefore you hold the bag. Any other outcome would be a disgrace. |
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Hot Mom
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You are! |
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ferrisob1
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The twoca is at fault.
Taking Without Concent.
In this case its gonna be you that pays and your son could face a suspended licence or extended test.
If you can sort all the damage yourself without the police or insurance companies getting involved that would be best for your son.
We all make mistakes, glad nobody was hurt. |
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C
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what do u mean whose Liable. think about what youre asking here ,. youre son stople ( effectivly as he didnt have persmission) a bike and had a crash . Simple asnwer in the eyes of the law YOURE SON . |
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Darren R
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Your son is in a lot of trouble. Taking without consent, driving other than in accordance with a licence, driving without insurance - just three possible charges, and I'm sure there are more. If I were the judge I'd be putting the black cloth on my head. Your son's friend is guilty of aiding and abetting, too. |
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la428282
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As he was not given permission to borrow the vehicle it is considered stolen and not covered under the owners policy. You as his parents will be responsible for all damage cost as well as rental for the other vehicle owners while their vehicle is in the shop. |
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steven m
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you sons friend has obviously reported it to the police, or somebody else has. if a vehicle is taken without permission (theft) then the thief has the total burden, the parked/unoccupied vehicle owners will probly have to sue in a small claims court to recoup any losses, depending on your sons age you might be liable!!! |
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JazzFunky
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Effectively he has stolen the bike and driven without insurance or a licence. He (meaning you probably because of his age) is liable for a civil action to be raised against him by the owners of the cars to recover any losses. The insurers of the cars will no doubt begin proceedings soon. |
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cedley1969
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He is a minor so as his guardian you are responsible for all losses. |
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oklatom
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When a child is under 18 and causes damage, his parents are responsible to pay for that damage since they have control of him and his behavior, or should have. |
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butrcupps
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Think about it. Your son used someone's bike without permission, without a lisence, without insurance and hit two vehicles. No other parties were involved in the accident. Legally and MORALLY it's all you baby. I would make my son pay me back. |
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Newgran
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No other parties involved!!!!!!!!!! What about the damage to the other cars
.
If he's not insured who's going to pay for that.
How old is he?
Legally I think he is liable,[and if he's not then he should be]but you will probably end up paying for it.
I'd make sure he paid every penny back that it costs you. |
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Sierra One
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It sounds like your son is in a whole lot of trouble. He can be prosecuted for driving under age, taking a vehicle without the owners permission, having no insurance, not having a drivers licence and damaging two other vehicles, this accident could cost him ( or you ) a fortune, plus he will have points on his licence, when or if he applies for one. I certainly wish you luck, I think you're going to need it ! |
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cassee_ame
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From a claim perspective, the adjuster will look first at insurance that covers the bike (assuming it's a moped or the like). Insurance follows the vehicle, not the operator. Had your son been given permission to operate the bike (even if by a minor friend, not necessarily the owner), then coverage would be afforded under the policy covering the bike (assuming there is one). This is called permissive use and is covered by most motor vehicle policies.
If your son had no reasonable belief to assume that he had permission to operate the bike (the standard applied by courts), then coverage will not be provided by the policy since there was no permissive use. The damage to the bike will most likely be covered by the owner's insurance since there was direct physical damage to it, but they will most likely deny all liability for the other vehicles and any injury sustained by your son.
The next step, the insurance company will likely come after you for the damages to the bike via subrogation (insurance term for getting their money back from the responsible party). In addition to that, the owners of the damaged unoccupied vehicles may choose to have their own insurance companies pay for the damages. In turn, those insurance companies will subrogate against you for the damages. Instead of using their insurance companies, they may choose to sue you in small claims court. Either way, since your son is a minor (I am assuming 15 years old), you are legally responsible for him, his actions and any damages he caused.
You would then look for possible insurance coverage to pay for the damages. Your homeowner's policy would deny coverage (most likely) because a motor vehicle that is licensed for road use was involved in the accident. There are other exclusions that would apply, but this is the first one they'll turn to. If you meant it was a bicycle he was riding, you have a better chance of getting some coverage here. Your auto policy will likely deny coverage because it was not an insured vehicle that did the damage, it was technically an illegal act, and there are a few other exclusions that would likely apply.
If you have an umbrella policy, you may find some coverage there. I think exclusions would still likely exist for the illegal nature of the act (though there may be an age clause in there), but it's worth a try.
You're in an ugly situation here. Best of luck to you! |
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"Call me Dave"
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I reckon it is you the parents, Your son steals his friends bike crashes it damages two other vehicles, Wirth friends like your son his mates dont need enemies.
My "Mates" stole my Honda 50 drove round town like loonies and returned it, they parked it in slightly the wrong place and I could not work out where the scratches on the carrier came from.... only found out several weeks later but if they had cashed it I would have had to reported it to the police otherwise I would be permitting the use of an uninsured motor vehickle so I reckon your son will be done for TWOCing Taking without consent, the bike and will be in danger of being sued for the damage.
You should settle the costs from your own funds because he is under age and you should have instilled the concept of right and wrong into him and ergo it is your fault. |
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Kenneth S
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all I can say is oops..time the son learned a lesson...that's called theft...driving without a license..no insurance..and seeing as he stole the bike and hit a car...criminal damage...I suggest you attempt to just pay for whatever damage is done ....hope those folks don't press charges...and deal with the police on the rest.
And one additional thought...I hope your son was not seriously injured...if he wasn't then he is blessed and lucky. |
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Bardic
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There's two things here.
1] Son is liable to charges of Taking Without Owners Consent, Driving without a Licence (or more accurately Driving While Disqualified), Driving without Insurance, Driving Without Due Care/Criminal Damage.
2] I think the fiscal liability may well fall back on you as parents of a minor.
You need to take legal advice pdq, most solicitors will give you the first interview free. |
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c.j.davies
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Considering he is under 16 you the parents are liable on fiancial side but legally I think the police will issue a warning or a fine - not sure though. |
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bostonianinmo
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You are, Dad.
The owner's insurance will probably cover the damages to the innocent third parties, but then the insurance company will come after YOU.
Your son has other problems as well. Good chance the state will pull his right to operate until he's 18 or even 21.
Welcome to the wonderful world of parenthood! |
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D.L.
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sorry to say, but if the person who is at fault is uninsured it would most likely be covered under your insurance.It should be covered under the minors parents uninsured motorist coverage. |
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NotsoaNonymous
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I'd imagine your son is and if he is under-age, his legal guardian; you.
I have a feeling the Law will hold you responsible for "letting it happen" by not educating your son and explaining the full responsibilities of his actions, or being on his shoulder to stop him, bla, bla, etc.
Hopefully you have family insurance that covers you in some way and that your insurance company won't walk away laughing.
Its similar to the third party insurance we had on one of our company vehicles. Someone read the fineprint and we were shocked to read that the basic only covered anyone else outside the car. If the car were driven into a tree on the side of the road, neither the driver, passenger, vehicle nor damage to the tree would be covered...
Either way, I hope your son is Ok and that he understands why his alowance is going to be docked till he is 40. |
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ach
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Legally he is a minor so he cannot be held personally responsible for the financial loss of the other vehicle owners. I think a responsible parent would feel morally obliged to recompense them however. As far as the law is concerned he is in trouble for taking without consent, driving without a license, driving without insurance, and possibly criminal damage. |
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Loo
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Your son is liable and will probably be charged with TDA (Taking and Driving Away). |
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The Fat Controller
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your son may be open to a criminal charge or charges . From a money point of view ultimately Any costs could end up in your lap.
I suggest you contact a solicitor or even the CAB for more specific information |
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